Budget Includes $10M Indigent Representation Increase, TBA to Press for More

Gov. Bill Haslam’s 2018-2019 budget submitted yesterday includes $9,880,000 “to provide recurring funding for the Indigent Representation Task Force initiatives to raise hourly rates and case caps.” The Tennessee Bar Association termed it “gratifying" that the administration acknowledged the dedication and hard work by the lawyers who accept appointments to represent the indigent and vowed to press for more money in the appropriations process.

The Supreme Court’s task force, headed by former justice and now Nashville School of Law Dean Bill Koch, spent two years studying all facets of indigent representation. Among the recommendations of the group are elimination of the per case cap on amounts of compensation for appointed counsel and guardians ad litem, an increase in the rate to $75 to $125 per hour and creation of a commission to oversee and administer the program. The first task of the TBA will be to learn the exact contours of the administration recommendation, which funds only part of the task force plan. The TBA will then quickly pivot to equipping and mobilizing members to advocate for a more substantial increase. TBA policy calls for elimination of the caps and at least a $100 per hour rate. The TBA also supports establishment of the commission.